Often the most difficult matter to deal with when separating from your partner or spouse is coming to terms with the reality of having to share time with your children.
The overarching matters that the law requires to be considered when dealing with parenting matters are:
- A child’s right to know and be cared for by both parents;
- A child’s right to have regular contact with both parents as well as other people important to their care, welfare and development;
- The initial presumption is that both parents should share the duties and responsibility of caring for the children and ensuring their welfare and development; and
- Parents should agree on how their children will be parented.
These principles are all secondary to the child’s best interests, which is the overriding consideration.
When dealing with parenting matters, our firm believes that any agreement reached in relation to parenting should be made official by filing Consent Orders with the Court. If an agreement is reached and Consent Orders are not filed with the Court, the agreement is not legally enforceable should there be a disagreement in the future. When you have gone through the difficult task of agreeing about the shared care of your children, you need to protect your interests, the children’s interests and ensure that your agreement is legally enforceable.
If custody of children cannot be agreed to amicably, we are experienced and well versed in being able to deal with whatever is required to come to a resolution, whether it be negotiating with the other parties solicitors to ultimately come to a resolution by consent, or represent you and fight for your interests in a Hearing.
If you would like advice, guidance or assistance about parenting contact our office to discuss your circumstances. The more information and specialised advice you have available, the better of a position you will be in.